Score:
9.5/15
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Topper’s Copy
GS2
Indian Polity
15 marks
Examine the constitutional tension between the Right to be Forgotten and the freedom of the press in India. How should courts balance individual dignity with the public’s right to know in the digital age?
Student’s Answer
Evaluation by SuperKalam
Demand of the Question
- Constitutional tension between RTBF and press freedom
- Balancing mechanisms used by courts
- Digital age considerations
- Framework for balancing individual dignity with public's right to know
What you wrote:
The Constitutional tension between the Right to be Forgotten (RTBF) and freedom of the press in India is a complex issue involving a clash between 2 fundamental rights: The right to Privacy under (Art. 21) and the freedom of speech and expression under (Art. 19(1)(a)).
Article 21 → Focuses on individual dignity and the right to control one's personal data.
Article 19(1)(a) → Focuses on the public's right to know and transparency, essential for a functioning democracy.
The Constitutional tension between the Right to be Forgotten (RTBF) and freedom of the press in India is a complex issue involving a clash between 2 fundamental rights: The right to Privacy under (Art. 21) and the freedom of speech and expression under (Art. 19(1)(a)).
Article 21 → Focuses on individual dignity and the right to control one's personal data.
Article 19(1)(a) → Focuses on the public's right to know and transparency, essential for a functioning democracy.
Suggestions to improve:
- Could enhance by referencing the Puttaswamy judgment (2017) which recognized privacy as a fundamental right, setting the stage for RTBF debates in India.
What you wrote:
How courts balances the Rights →
1. Content is Key: Courts consider the nature of the information (e.g. sensitive personal details Vs. public records), the outcome of related legal proceedings (e.g. acquittal Vs. Conviction), the time elapsed since the events and whether the individual is a public figure.
2. Case-Specific Relief: High courts have issued varied and sometimes conflicting judgements:
(a) Some courts have favoured individual dignity; ordering the de-indexing or anonymization of names in online judgements and news reports, involving victims of sexual offenses.
(b) Other courts have refused blanket removal orders, emphasizing that the principle of open justice and the integrity of public judicial records must be maintained.
3. Supreme Court Intervention: The Supreme Court is currently examining the issue to provide a definitive legal framework. It has acknowledged the complexities of "New Age" of social media and digital archives but has also cautioned that removing judgements could have "very serious ramifications".
How courts balances the Rights →
1. Content is Key: Courts consider the nature of the information (e.g. sensitive personal details Vs. public records), the outcome of related legal proceedings (e.g. acquittal Vs. Conviction), the time elapsed since the events and whether the individual is a public figure.
2. Case-Specific Relief: High courts have issued varied and sometimes conflicting judgements:
(a) Some courts have favoured individual dignity; ordering the de-indexing or anonymization of names in online judgements and news reports, involving victims of sexual offenses.
(b) Other courts have refused blanket removal orders, emphasizing that the principle of open justice and the integrity of public judicial records must be maintained.
3. Supreme Court Intervention: The Supreme Court is currently examining the issue to provide a definitive legal framework. It has acknowledged the complexities of "New Age" of social media and digital archives but has also cautioned that removing judgements could have "very serious ramifications".
Suggestions to improve:
- Could examine the constitutional tension by discussing how Article 19(2) reasonable restrictions (public order, decency, morality) conflict with Article 21's expanding scope post-Puttaswamy
- Can explore how digital permanence challenges traditional legal concepts - unlike physical archives, digital records create perpetual accessibility raising new constitutional questions
- Could include specific cases like Dharamraj Bhanushankar Dave v. State of Gujarat where Gujarat HC ordered removal of acquittal details, showing practical RTBF application
- Can discuss digital age challenges such as algorithmic amplification, cross-border data flows, and social media permanence that traditional legal frameworks struggle to address
- Could mention intermediary liability under IT Act 2000 and how platforms like Google handle RTBF requests differently than traditional media
What you wrote:
The judiciary strives to ensure that the RTBF is not an absolute right used to erase history but a tool to protect individuals from perpetual and disproportionate harm, while still upholding the media's essential role in keeping the public informed. The Digital Personal Data Protection Act 2023 includes a "right to erasure" but its application to journalistic content remains an unsettled area that the Supreme Court is expected to clarify in a potential landmark judgement.
The judiciary strives to ensure that the RTBF is not an absolute right used to erase history but a tool to protect individuals from perpetual and disproportionate harm, while still upholding the media's essential role in keeping the public informed. The Digital Personal Data Protection Act 2023 includes a "right to erasure" but its application to journalistic content remains an unsettled area that the Supreme Court is expected to clarify in a potential landmark judgement.
Suggestions to improve:
- Can conclude with proportionality test framework similar to European Court of Human Rights approach - weighing public interest, individual harm, and temporal factors
- Could suggest institutional mechanisms like Press Council guidelines or specialized digital rights tribunals for consistent RTBF-press freedom adjudication
Strong constitutional foundation and practical judicial approach, but missed examining the core tension and digital age complexities as specifically demanded. Good legal awareness needs better question alignment.
Demand of the Question
- Constitutional tension between RTBF and press freedom
- Balancing mechanisms used by courts
- Digital age considerations
- Framework for balancing individual dignity with public's right to know
What you wrote:
The Constitutional tension between the Right to be Forgotten (RTBF) and freedom of the press in India is a complex issue involving a clash between 2 fundamental rights: The right to Privacy under (Art. 21) and the freedom of speech and expression under (Art. 19(1)(a)).
Article 21 → Focuses on individual dignity and the right to control one's personal data.
Article 19(1)(a) → Focuses on the public's right to know and transparency, essential for a functioning democracy.
The Constitutional tension between the Right to be Forgotten (RTBF) and freedom of the press in India is a complex issue involving a clash between 2 fundamental rights: The right to Privacy under (Art. 21) and the freedom of speech and expression under (Art. 19(1)(a)).
Article 21 → Focuses on individual dignity and the right to control one's personal data.
Article 19(1)(a) → Focuses on the public's right to know and transparency, essential for a functioning democracy.
Suggestions to improve:
- Could enhance by referencing the Puttaswamy judgment (2017) which recognized privacy as a fundamental right, setting the stage for RTBF debates in India.
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